Joey Umadac and Claire Bingayen have been arranged so you can on Sta

Joey Umadac and Claire Bingayen have been arranged so you can on Sta

RONULO Compared to. Anyone

FACTS: Rosa Catholic Parish Chapel away from San Nicolas, Ilocos Norte. But not, on the day of your relationships, the newest heading officiating priest, Fr. Mario Ragaza, refused to solemnize the marriage upon studying that the pair failed to secure a marriage licenses. Just like the an effective recourse, Joey, who was simply following dressed in barong tagalong, and you may Claire, clothed during the a marriage clothes, along with their moms and dads, sponsors and site visitors, proceeded toward Independent Church off Filipino Christians, known as the new Aglipayan Church. They asked the fresh new petitioner, a keen Aglipayan priest, to execute a ceremony to which aforementioned arranged despite come told from the few they’d no marriage certification.

The fresh new petitioner wishing his choir and you may scheduled a mass towards the couple on the same go out. The guy held this new service throughout the exposure of bridegroom, the bride-to-be, the moms and dads, the main and you will second sponsors additionally the rest of the greet traffic.

The newest prosecution’s witnesses, Joseph and you will Mary Anne Yere, affirmed on events of the ceremony. Joseph is the new veil sponsor when you are Mary Anne try the new cable sponsor on the relationship. Mary Anne testified you to definitely she spotted the latest fiance walk down the newest section. She also saw the happy couple replace their marriage rings, kiss one another, and you may sign a file. She heard the petitioner instructing the primary sponsors to help you indication the relationship contract. After that, it decided to go to the brand new lobby, got supper and you will grabbed photo. She watched the new petitioner truth be told there.

Fl Umadac, the caretaker away from Joey, testified that she read the couple state within the ceremony you to they need both as the husband and wife. Weeks pursuing the relationship, she went along to the fresh civil local civil registrar of San Nicolas, Ilocos Norte with Atty. Mariano R. Nalupta Jr. where she obtained a certificate that zero matrimony licenses was granted towards the couple.

The petitioner, if you are admitting that he conducted a ceremony, denied one his operate out-of blessing the couple are tantamount so you can an effective solemnization of the matrimony because contemplated by law.

ISSUE: Won the newest petitioner is actually accountable for violating Article 352 of the Modified Penal Code (RPC) getting allegedly doing an illegal wedding ceremony.

She also identified the wedding invitation provided to the girl from the Joey

RATIO: Petitioner held an unlawful marriage ceremony. The new offense given that taken to when you look at the Ways 352 of the RPC refers to the results out-of ily Password and therefore checks out:

(3) A marriage service which takes place to your appearance of the contracting people through to the solemnizing manager and their personal statement that it simply take one another once the husband and wife about exposure out of for around one or two witnesses of judge decades.

Artwork. 6. No prescribed function otherwise religious rite on solemnization of the relationships is required. It will likely be expected, however, towards the hiring functions to appear really before solemnizing administrator and you may claim in the presence out-of no less than a few witnesses regarding judge ages which they capture one another once the husband and you may girlfriend. So it statement will be within the marriage certificate and therefore shall become signed because of the contracting parties as well as their witnesses and you can attested by the solemnizing manager.

New Finest Legal informed me one just what produced new petitioner’s act an excellent wedding ceremony and not soleley a mere true blessing was one to if you find yourself there isn’t any recommended setting otherwise spiritual rite, all that try needed try “for the hiring parties to look yourself until the solemnizing administrator and you can claim on the exposure out-of for around a few witnesses off legal age which they grab each other because spouse and you will wife.”

From what earliest criteria, this new petitioner accepted that the people searched ahead of him and this fact are affirmed to help you by the witnesses. With the second demands, we discover one, resistant to the petitioner’s allegation, the latest prosecution has proven, from testimony off witnesses, your employing activities yourself declared that they just take both because the couple. Thus, it is clear you to petitioner conducted a married relationship ceremony and never just blessing.

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